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DONALD L. GRAHAM UNITED STATES DISTRICT JUDGE

Mr. John E. B. Smith

SOUTHERN DISTRICT OF FLORIDA WILKIE D. FERGUSON, JR.

UNITED STATES COURTHOUSE 400 NORTH MIAMI AVENUE, CHAMBERS 13-4

MIAMI, FLORIDA 33128-1812

May 29,2013

Regional Commissioner, Region 4 General Services Administration Public Buildings Service 77 Forsyth Street, SW Atlanta, GA 30303-3427

Dear Mr. Smith:

TEL: (305) 523-5130

Thank you for your correspondence dated May 20, 2013, to our Court Administrator advising of the steps that the General Services Administration intends to take to remedy the water intrusion situation at the Fort Lauderdale Courthouse. I am responding as Acting Chief Judge in light of Chief Judge Moreno's absence from the District.

No doubt the most recent incident was the worst flooding that has occurred in the courthouse, although these leaks have been constant, persistent and long term. GSA has been on notice of this problem for many, many years, having conducted a report titled Final Assessment of Rainwater Problems and Water Intrusion in 1999 and more recently a Site Visit Report on Water Intrusion Issues in 2010 from one of GSA's own engineers. I can provide copies of those reports if you need them.

Indeed, more recently Chief Judge Federico A. Moreno sent correspondence to you dated August 28, 2012 (copy enclosed), advising that the situation had worsened and expressing concern about GSA's delays in remedying the situation. While your May 20th letter states that GSA intends to pursue repairs as an emergency procurement, it should not go unnoticed that prompt attention to Chief Judge Moreno's letter would have avoided this situation altogether. As the video demonstrates, the current conditions are beyond serious, and frankly, a contract award expected to be made in July and repairs to be completed by February 2014 provide little comfort. Had proper repairs been undertaken last year when GSA was notified by Chief Judge Moreno, the situation would already be remedied and our Judges, Court personnel and the public would not have had to endure another monsoon season inside the courthouse.

On behalf of the Judges of the Southern District of Florida, I cannot stress strongly enough the importance of insuring that GSA once and for all does, in fact, carry forward with its obligation to provide a clean, waterproof and healthy work environment at the Fort Lauderdale Federal Courthouse for the citizens of Broward County. I urge you to do whatever possible to advance the schedule so that we do not have to endure another nine months of rain inside the Fort Lauderdale Federal Courthouse.

Please let me know if you need any further information. Thank you in advance for your time.

Encl (3 ): DVD- Fort Lauderdale Courthouse Leaks May 20, 2013, letter from John E. B. Smith, GSA August 28, 2012, letter from Chief Judge Federico A. Moreno

c: The Han. Bill Shuster, Congressional Representative, Chairman, Committee on Transportation and Infrastructure

The Han. Lou Barletta, Congressional Representative, Chairman, Subcommittee on Economic Development, Public Building, and Emergency Management

The Han. John L. Mica, Congressional Representative, Committee on Transportation and Infrastructure

The Han. Jeff Denham, Congressional Representative, Former Chairman, Subcommittee on Economic Development, Public Building, and Emergency Management

The Han. Bill Nelson, United States Senator, Florida The Han. Marco Rubio, United States Senator, Florida The Han. Mario Diaz-Balart, Congressional Representative Miami, Florida The Han. Alcee L. Hastings, Congressional Representative Fort Lauderdale, Florida The Han. Debbie Wasserman Schultz, Congressional Representative, Fort Lauderdale,

Florida The Han. Ted Deutch, Congressional Representative Fort Lauderdale, Florida The Han. Lois Frankel, Congressional Representative, Fort Lauderdale, Florida Chief Judge Joel Dubina, Eleventh Circuit Court of Appeals All Southern District and Magistrate Judges Han. Thomas C. Hogan, Director, Administrative Office ofthe U. S. Courts Han. Michael A. Ponsor, Chair, Judicial Conference, Space and Facilities Committee Melanie Gilbert, Assistant Director, Office of Facilities and Security James Gerstenlauer, Circuit Executive Dan M. Tangherlini, Acting Administrator, United States GSA Jack Chandler, Circuit Architect Pasquale Papaianni, District Architect

2013

Mr. Stewn M. Larimore Court Administrator - Clerk of Court United States District Court Southern District of Florida 400 North Miami Awnue, Room 8N09 Miami, Florida 33128-7716

Dear Mr. Larimore:

GSA Southeast Sunbelt Region

Thank you for your letter of May 14, 2013, and the accompanying \Adeo. I agree with your assessment that this situation has, indeed, reached an emergency status. I would like to address your concerns by detailing 1) what immediate actions haw been taken to remedy the damage caused by the water intrusion, 2) the emergency procurement that is underway to correct the inadequate storm water drainage system which was responsible for the recent ewnt and 3) the roof replacement acquisition. We understand the importance of this facility to the execution of your mission and want to assure you we are taking the actions necessary to address this long-standing situation.

1) IMMEDIATE ACTIONS TAKEN

The last ftooding incident occurred on Thursday, May 2, 2013 and started at approximately 4:15pm. A moisture remediation contractor was contacted immediately and was on site, ready to mobilize by 7pm. By 11:30 pm, the moisture remediation contractor had vacuumed most of the water in the affected areas and installed 57 ftoor fans and 21 industrialized dehumidifiers throughout the Courthouse. These fans and dehumidifiers remained in place fur 4-5 days until the spaces were free of moisture.

Additional water barriers haw been placed at key locations to prewnt future water intrusion. We hope that this measure will help to mitigate flooding until the repairs to the drainage system are completed.

On May 16, 2013, a Federal Occupation and Health (FOH) Representatiw was on site conducting air quality sampling. We expect to haw the report with the test results by the beginning of June. Based on these test results and the recommendations by FOH, further remediation actions will be taken if needed.

2} EMERGENCY PROCUREMENT

There are leaks in areas on the 3rd and 4th floor terraces and at the large and small planters located on the 4th floor terrace that allow leaks during most rains. The situation that created the emergency ewnt in question originated from a poorly design storm-water drainage system. The building storm-water drainage system ties directly into the city storm-water drainage system under the streets. When the city storm-water system backs up during heavy rains, the city streets and drainage systems flood so the water in the building drainage pipes cannot empty into the city drains. This results in water backing up and creating floods on each terrace lewl. which migrates into the building. Once the water enters the building on the 3rd and 4th ftoor terraces. it finds its way through the rest of the building through slab openings and core drills.

U.S. General Service• Adminlatratlon 17 Forsyth Street, SW Atlanta, GA 30303-3427 www.gsa.gov

The project to correct this immediate problem is being handled as an emergency procurement The award

is expected to be made in July, 2013 and the project completed by February , 2014. The project will replace the waterproofing systems at the 4th floor terrace planters, seal the top of the exterior wall o~.er the second

floor courtroom, replace approximately 4,000 SF oftopping slab and waterproofing membrane at the 3rd & 4th floor terraces, replace the building expansion joint at the first floor plaza area and design and install a

new, rerouted drainage system that will maintain proper flow during heavy rains.

3) ROOF REPLACEMENT

The scope of work for a complete roof replacement is being written now. This procurement action is slated to begin this fiscal year. The funding for this project will be part of our FY14 repairs and alteration program. This project will be prioritized in FY14 as funds are made available either through the normal budget allocation or as part of our allocation through a Continuing Resolution ..

As these projects progress, you will be kept informed of the status by either Mr. Don Rollins, the Miami

Sef'\1ce Center Director, or Mr. Josh Lockwood, the Project Manager for both of these projects. In addition, I am available to discuss any issues or concerns you may haw as we mow forward. We understand the

importance of this facility to the execution of your mission and want to assure you we are taking the actions necessary to address this long-standing situation.

onal Commissioner, Region 4

eneral Sef'\1ces Administration Public Buildings Sef'\1ce

cc: Chief Judge Federico A. Moreno

Sara Manzano-Diaz, Acting Regional Administrator, General Ser.1ces Administration, Region 4 Donald Rollins, Miami Ser.1ce Center Director, General Sef'\1ces Administration, Public Buildings

Ser.1ce

Mr. John Smith

UNITED STATES DISTRICT CouRT SOUTHERN DISTRICT OF FLORIDA

CHAMBERS OF

FEDERICO A. MORENO CHIEF U.S. DISTRICT JUDGE

UNITED STATES CouRTHOUSES

THIRTEENTH fLOOR

400 NoRTH MoAMI AvENUE

MIAMI, FLORIDA 33128

August 28, 2012

Regional Commissioner for PBS General Services Administration 77 Forsyth Street, SW Atlanta, GA 30303-3458

Dear Mr. Smith:

I am writing to express serious concerns with the Fort Lauderdale courthouse. This facility has been a major problem for many years. Not only is the overall condition of the building substandard, we have been forced to endure water infiltration and roof leaks for the last ten years or more. There are persistent and steady leaks in both the Clerk's Office and various Judges' courtrooms and chambers throughout the building, which GSA has been repeatedly requested to fix. Over the years, some remediation has been attempted, but the problems persist unabated.

Compounding matters, recently a flooding issue has worsened. In July, second floor courtroom number 207 flooded again due to a terrace drain that backed up into the third floor space of GSA's OIG office immediately above our space. This is not the first occurrence. While GSA has attempted to remediate the space, U.S. District Judge Robin Rosenbaum, who was confirmed in June, now will not be able to move into the second floor space. We had planned to start cyclical maintenance including carpet replacement, but of course that work cannot proceed pending a final resolution. In addition, we have relatively new electronic equipment in the courtroom costing about $200,000 that could be vulnerable to leaks. On July 23, 2012, we were advised that the cause was "still under investigation," and GSA's building manager was "continuing efforts ... to further diagnose the building's infrastructure to try to identify the root cause for the drains backing up." Last week, a GSA representative advised our Court Administrator that efforts are underway to fund work in FY 2013, with the likelihood being that no work will be commenced until the summer of 2013. Given our overall experience with GSA's lack of action on other issues in this building, as explained below, we are extremely skeptical whether any remedy will be forthcoming.

Regarding the roof leaks, over the years we have repeatedly requested that GSA remedy the situation. We were advised last December that GSA was attempting to secure

funding for addressing the roof leaks. GSA provided a 21-page Statement of Work containing five component parts, some or all of which might be pursued depending on funding. In July, after requesting an update, we were told that "[e]fforts are presently underway ... to develop a scope of work and secure funding to replace a portion of the 4th floor roof (not all of it), as well as, several expansion joints on the terraces that are causing leaks .... The scope of work needs to be finalized for this work. 11 Last week, a GSA representative advised that now this work is being reprioritized. In other words, it is unclear whether any progress whatsoever has been made since December, and what work, if any, will be conducted on the roof in the future.

Just last week, I was advised that another courtroom is leaking-- the second floor courtroom of Magistrate Judge Lurana S. Snow. Judge Snow's chambers has had a persistent leak for many years. The Building Manager indicated that the suspected cause of the chambers leak is a planter on the 41

h floor of the building. This is the same source that has been hypothesized by GSA for years yet nothing continues to be done.

We are extremely concerned about the apparent lack of progress, and request that both the roof leaks and the flooding be addressed immediately. It appears that we were lucky to avoid any major leaks from Tropical Storm Isaac. I would suggest that commencing a solution next summer-- which would be immediately prior to the start of next year's hurricane season-- would be untimely and imprudent at best. We are just hoping that GSN s lack of diligence in remedying this situation will not result in major damage. Long term, we are very concerned about the potential for mold in this facility. As you may be aware, we have had significant mold issues in at least two of our courthouses over the past few years, and every effort needs to be taken to prevent such a reoccurrence. Aside from the health risks that need to be avoided, it simply makes more sense to fix the leaks before they develop into mold issues that will result in major remediation expenses later.

The federal judiciary pays top dollar rent for premium commercial space. If this were a private sector building, such a lackadaisical approach and lack of inaction by a landlord would not be tolerated. This situation is reaching critical mass, and quite frankly, our patience is gone. It is not too much to ask that GSA step up and finally take action to make necessary repairs to insure that our courthouse space stays dry and fully functional consistent with its intended use.

Thank you for your assistance. I look forward to hearing GSA's plan of action for remedying these leaks as soon as possible.

..

c: The Hon. John L. Mica, Congressional Representative, Chairman, Committee on Transportation and Infrastructure

The Hon. Jeff Denham, Congressional Representative, Chairman, Subcommittee on Economic Development, Public Building, and Emergency Management

The Hon. Mario-Diaz-Balart, Congressional Representative, Miami, Florida Chief Judge Joel Dubina, Eleventh Circuit Court of Appeals All Southern District and Magistrate Judges Hon. Thomas C. Hogan, Director, Administrative Office of the U.S. Courts Hon. Michael A. Ponsor, Chair, Judicial Conference

Space and Facilities Committee Melanie Gilbert, Acting Assistant Director, Office of Facilities and Security James Gerstenlauer, Circuit Executive Shyam Reddy, Regional Administrator, United States GSA Jack Chandler, Circuit Architect Pasquale Papaianni, District Architect